Narendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.211 of 2023 ====================================================== Narendra Paswan S/o-Jiut Paswan Resident of Village-Ward No.1, Bairiyadih, P.S.-Harsiddhi, District-East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Rural Development, Govt. of Bihar, Patna.

2.

The Collector of East Champaran at Motihari.

3.

The Sub-Divisional Officer, Areraj, District-East Champaran. 4.

The Deputy Collector of Land Reforms, Areraj, District-East Champaran. 5.

The Circle Officer, Harsiddhi, District-East Champaran. 6.

The Officer-in-Charge, Harsiddhi, District-East Champaran. 7.

Jagadish Hazra, S/o-Late Kirra Hazra. Resident of Village-Bairiyadih, Anchal and P.S.-Harsiddhi, District-East Champaran. 8.

Mithlesh Paswan Son of Jagadish Hazra. Resident of Village-Bairiyadih, Anchal and P.S.-Harsiddhi, District-East Champaran. 9.

Akhilesh Paswan Son of Jagadish Hazra. Resident of Village-Bairiyadih, Anchal and P.S.-Harsiddhi, District-East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar No.1, Advocate For the Respondent/s :

Mr.Vikash Kumar (SC-11) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-09-2023 1.

The present writ petition has been filed seeking the following relief:- "1. For issuance of an appropriate writ/writs, order/orders, direction/directions in the nature of Mandamus of Respondents for vacating the encroachment from the Gairmajarua land bearing Khata No.

452, Plot No. 81/4 under the village of Bairiyadih (Thana No. 129) AnchalHarsiddhi, District- East Champaran. (ii) For direction to the respondent 1st set for discharging duty as proper against any encroachment upon the

Patna High Court CWJC No.211 of 2023(2) dt.04-09-2023 2/2 public/village road."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Harsiddhi, DistrictEast Champaran, for redressal of his aforesaid grievance. Liberty, so sought, is granted.

3.

It is needless to state that in case the petitioner approaches the Circle Officer, Harsiddhi, District-East Champaran, by filing appropriate petition under the provisions of the Bihar Public Land Encroachment Act, 1956, within a period of four weeks from today, the same shall be considered, in accordance with law and after hearing the affected parties, appropriate orders shall be passed thereon, forthwith.

4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U